Legal Opinion
Harvey v. South Dakota
Court of Appeals for the Eighth Circuit
Decided December 11, 1975No. 75-1479PublishedCited by 28 opinions
1Per curiam
William E. Harvey appeals from dismissal of his petition for a writ of habeas corpus. We affirm for the reason that the federal courts do not have jurisdiction in this case.
Harvey was convicted of grand larceny in the South Dakota courts in 1968 and sentenced to three years’ imprisonment. He was unconditionally released no later than March 20, 1971.1 The conviction was affirmed on direct appeal in State v. Harvey, 84 S.D. 70, 167 N.W.2d 161 (1969). Plaintiff unsuccessfully sought state post-conviction relief beginning in 1969. This federal action was not filed until August, 1974, at least…
2Cases cited5 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- State v. HarveySouth Dakota Supreme Court · 1969
3Cited by28 opinions
- Alan Lefkowitz v. Michael Fair, Commissioner, Department of Corrections, Arif Hussain v. Michael Fair, Etc., Alan LefkowitzCourt of Appeals for the First Circuit · 1987
- Gerald McCollum Clifton C. Piggie-Bey, Harry L. Greene-El, and Reynaldo Ramirez-Rodriguez v. Harold Miller, WardenCourt of Appeals for the Seventh Circuit · 1983
- Robert L. Tinder v. Sister Rose Paula, SndCourt of Appeals for the First Circuit · 1984
- Barry v. Bergen County Probation DepartmentCourt of Appeals for the Third Circuit · 1997
- David Harrison v. State of IndianaCourt of Appeals for the Seventh Circuit · 1979
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